Notification No.49/2012, Dated 26th Nov, 2012

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No.49 /2012-Customs (ADD)

New Delhi, the 26^th November, 2012

            G.S.R. (E). – Whereas, the designated authority, vide its notification No. 15/28/2010-DGAD, dated the 2^nd September, 2011 published in Part I, Section I of the Gazette of India, Extraordinary, dated the 2^nd September, 2011, had initiated a sunset review in the matter of continuation of anti-dumping on imports of Sodium Hydroxide commonly known as Caustic Soda, falling under sub-headings 2815 11 and 2815 12   of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) [hereinafter referred to a subject goods], originating in, or exported from SaudiArabia, Iran, Japan, USA and France (hereinafter referred to as subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.98/2006- Customs, dated the 13^th September, 2006 [GSR 550 (E) dated the 13^th September, 2006 ];

And whereas, the Central Government had extended the anti-dumping duty on the subject goods originating in, or exported from the subject countries vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 1/2012 -Customs dated the 6^th January, 2012, [G.S.R. 2 (E), dated the 6^th January, 2012] up to and inclusive of 1^st day of September, 2012;

And whereas, in the matter of sunset review of anti-dumping on import of the subject goods, originating in, or exported from the subject countries, the designated authority vide its findings, No. 15/28/2010-DGAD dated the 31^st August, 2012, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31^st August, 2012, had come to the conclusion that –

(a)        the subject goods are continuing to enter the Indian market from the Saudi Arabia, Iran, Japan and United States of America at dumping prices; 

(b)        the domestic industry is suffering material injury and likely to recur injury due to the dumped imports;

(c)        dumping of the subject goods from the  Saudi Arabia, Iran, Japan and United States of America and injury to the domestic industry is likely to continue if the duties are withdrawn;

and had recommended continuation of anti-dumping duty, at specified rates in respect of  imports of the  subject goods, originating in, or exported from the  Saudi Arabia, Iran, Japan and United States of America  in order to remove injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules 18 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, after considering the aforesaid findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under sub-heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table,  originating in the countries as specified in the corresponding entry in column (5),  and exported from the countries as specified in the corresponding entry in column (6), and produced by the producers as specified in the corresponding entry in column (7), and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10) of the said Table.

Table

2.         The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, amended and superseded earlier) from the date of publication of this notification in the official Gazette and shall be payable in Indian currency.

Explanation.-  For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962, (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.   

 [F.No.354/119/2005 –TRU (Pt..II]

(Raj Kumar Digvijay)

 Under Secretary to the Government of India